Court established that inadvertent errors in marriage certificates can be corrected to ensure proper identity representation in legal documents.

JUDGMENT

Spelling correction sought to be made with reference to the name of the petitioner, to be carried out in the Marriage Certificate issued by competent authority, was turned down as per Ext. P3 dated 30.08.2013, stating that the name has been shown in the certificate in the same manner as given in the application form preferred by the petitioner and hence not liable to be entertained.

2. The case of the petitioner is that actual spelling of the name of the petitioner is “JIGI VARGHESE”. She got married to Sri. Baiju S, which was solemnised on 23.09.2008 under the Special Marriage Act . Since the petitioner's husband is working abroad, she has to join him and for issuance of family VISA, marriage certificate is essential. In the course of further steps, the petitioner came across the mistake occurred in Ext. P1 Marriage Certificate, showing her name incorrectly as 'Jiji Varghese'. According to the petitioner, she has obtained Ext. P2 passport with the correct spelling. Though the petitioner preferred an application before the second respondent for carrying out correction in the Marriage Certificate, the same was turned down vide Ext. P3, which made the petitioner to approach this Court for immediate intervention.

3. In the course of further proceedings, the petitioner has filed I.A. No 12500 of 2013, producing some additional documents as Exts. P4 and P5. Ext. P4 is a copy of the certificate issued by the concerned Village Officer, referring to the particulars of the petitioner and her family, with correct spelling of her name. Similarly, Ext. P5 is the Secondary School Leaving Certificate, wherein also the name of the petitioner has been correctly shown. This being the position, Ext. P1 Marriage Certificate already issued to the petitioner is liable to be corrected, more so, in view of the law declared by this Court inJijimon Pullankunnel John Vs. Neezhoor Grama Panchayat and Ors. [2012 (4) KHC 457] with regard to the scope of Rule 13 of the Registration of Marriages (Common) Rules, 2008, submits the learned counsel for the petitioner.

4. Heard the learned Government Pleader as well.

5. After hearing both the sides, this Court finds that spelling of the name of the of the petitioner as given in Ext. P1 Marriage Certificate was due to an inadvertent mistake in the application and it is liable to be corrected. Necessary corrections are to be carried out in the 'margin' of Register of Marriages, as made clear by this Court in the decision cited supra. In the said circumstances, Ext. P3 will stand set aside. The second respondent is directed to reconsider the application preferred by the petitioner for carrying out correction in the spelling of the name of petitioner in the Marriage Certificate and issue proper certificate with the name to be shown as 'JIGI VARGHESE'. The proceedings as above shall be completed as expeditiously as possible, at any rate, within 'one month' from the date of receipt of a copy of this judgment.

Petitioner shall produce a copy of this judgment along with copy of the writ petition before the second respondent for further steps.

The Writ Petition is disposed of.